Seaboard Air Line Railroad Co. v. Strickland

88 So. 2d 519, 1956 Fla. LEXIS 3816
CourtSupreme Court of Florida
DecidedMay 23, 1956
StatusPublished
Cited by38 cases

This text of 88 So. 2d 519 (Seaboard Air Line Railroad Co. v. Strickland) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seaboard Air Line Railroad Co. v. Strickland, 88 So. 2d 519, 1956 Fla. LEXIS 3816 (Fla. 1956).

Opinion

88 So.2d 519 (1956)

SEABOARD AIR LINE RAILROAD COMPANY, APPELLANT,
v.
JOHN B. STRICKLAND, APPELLEE.

Supreme Court of Florida, Special Division B.

May 23, 1956.
Rehearing Denied July 19, 1956.

Fleming, Scott & Botts, Charles R. Scott, Jacksonville, and James B. McDonough, Jr., Norfolk, Va., for appellant.

Nichols, Gaither, Green, Frates & Beckham and William Frates, Miami, for appellee.

PARKS, Associate Justice.

In the original appeal the defendant-appellant, Seaboard Air Line Railroad Company, presented two questions, the first dealing with negligence vel non, and the second *520 dealing with the admissibility and discussion by counsel of certain evidence. This court reversed the judgment, deciding that the defendant was not guilty of negligence and as to the second question said "because of the view which we entertain as to this question [negligence vel non], it is unnecessary to refer to or answer the other question propounded by the defendant." See Seaboard Air Line Railroad Company v. Strickland, Fla., 80 So.2d 914, 915.

On review by the United States Supreme Court that court reversed our judgment by its order of November 14, 1955 in the following language:

"Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed. Bailey v. Central Vermont Ry., 319 U.S. 350 [63 S.Ct. 1062, 87 L.Ed. 1444]."

Thereafter, the defendant petitioned this court to consider its second question prior to the issuance of our mandate, because that question had been excluded from our consideration in our former opinion and judgment. The original appeal contained two questions, and pursuant to the mandate of the Supreme Court of the United States, the first question is controlled by the pronouncement of that Court in Bailey v. Central Vermont Ry., 319 U.S. 350, 63 S.Ct. 1062, 87 L.Ed. 1444. The mandate from the Supreme Court of the United States ordered "that this cause be, and the same is hereby, remanded to the Supreme Court of Florida for proceedings not inconsistent with the opinion of this Court." (Italics supplied.) Since the second question was not determined by this court and, therefore, not reviewed by the Supreme Court of the United States, we do not deem it to be contrary to the order of that Court to review the second question at this time, and particularly since the defendant has not yet had its day in a reviewing court on the points of law posed in the second question.

Involved in defendant Railroad's second question in its brief are the factors of whether or not the letters of the "Brittingham correspondence" were admissible in evidence over the objections of defendant and further, even though admissible, whether or not the remarks of counsel concerning these letters and other matters in his presentment and argument of the case to the jury were so prejudicial as to require a reversal of the judgment and the granting of a new trial.

The Brittingham correspondence consists of three letters, one written May 19, 1953, by defendant's senior general attorney of its claim department, Smith R. Brittingham, Norfolk, Virginia, to Dr. Thomas Ryon, medical practitioner with offices in Miami who was under contract with the defendant Railroad to examine and treat employees for injuries received in the course of their employment with the company; attached to this letter was one dated May 1st written by B.H. Silverstone of the Veterans Administration of Coral Gables, addressed to J.E. Pierce, Grand Lodge Chairman of the Brotherhood of Railroad Carmen of America (this letter had been delivered to the senior counsel by Pierce); the reply letter of Dr. Ryon of May 22nd. Omitting the headings and signatures, these letters read as follows:

"Dear Dr. Ryon:
"I have previously written you with reference to the case of Mr. John B. Strickland, who has been rather persistently and methodically chopping around among the doctors for treatment.
"During the latter part of April Mr. Strickland apparently conceived the idea that if he were to apply to the Veterans Administration Hospital at Coral Gables, he would unquestionably be able to get a scientifically accurate diagnosis. Mr. Strickland entered the hospital and was examined there on April 20th, last, following which a report was made to Mr. J.E. Pierce, Grand Lodge Chairman of the Brotherhood of Railway Carmen of America, under date of May 1st. Mr. Pierce who always collaborates with *521 both the Claim and Medical Departments of the Seaboard, at once brought the original of the letter to us for such value as it might have in further handling of Mr. Strickland's case. I therefore, take pleasure, and assure you I am deriving no small degree of amusement, in enclosing herewith copy of the aforesaid letter of May 1st to Grand Lodge Chairman Pierce. I confess that when Dr. Collins and I saw the diagnosis we enjoyed a spell of laughter as hearty and as extensive as any in recent years. I am sure you will also experience appreciable amusement upon noting the dire condition which the examiners at the Veterans Administration Hospital discovered."
"Dear Mr. Pierce:
"Please be advised that Mr. John B. Strickland was examined at this hospital 4-20-53.
"Diagnosis: Local Myofascitis, Chronic.
"Recommendation: Heat, diathermy, novocain iontophoresis. Hospitalization not necessary for this."
"Dear Mr. Brittingham:
"Thank you for your letter of May 19th and your enclosure from the Veterans Administration regarding John B. Strickland. I did indeed join you in your sentiments.
"I hope that the next time you are in Miami you will be able to drop around at the Clinic here to see Dr. Fischer and myself."

Counsel for plaintiff-appellee in the trial court contended that this correspondence was admissible on the ground that "it showed the way this man (plaintiff) was kicked around by the Seaboard and the conduct of the Seaboard Air Line in handling this matter". In his argument and brief in this court he shifts to the ground that the letters were admissible to repudiate Dr. Ryon's claim that plaintiff's trouble was in his mind rather than in his back, also that they furnished good cause for plaintiff (who had no knowledge of the letters until the trial) to distrust Dr. Ryon and the Railroad Company and think that they were not rightly trying to help him. Dr. Ryon, in January 1953, examined plaintiff's condition with reference to injuries suffered and for which this suit is brought. To support these grounds he argues that Railroad counsel, Dr. Ryon and Pierce, the Union official, all conspired together to defeat plaintiff's claim and at the trial tried to prove that plaintiff was a psychological neurotic because he trusted neither the Railroad nor Dr. Ryon. Neither of these contentions are supported by the letters or by the evidence in the record. There is no evidence that defendant had any connection with the writing of the Veterans Administration letter or its subject matter. Nor is there any evidence in the record of conspiracy by anyone connected with defendant to hinder or defeat plaintiff's claim or suit against it. The inter-departmental letters of Brittingham and Dr.

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Bluebook (online)
88 So. 2d 519, 1956 Fla. LEXIS 3816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-air-line-railroad-co-v-strickland-fla-1956.